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NAVY | BCNR | CY2000 | 07754-00
Original file (07754-00.pdf) Auto-classification: Denied
DEPARTMENT OF  THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  O F   N A V A L   R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

ELP 
Docket No.  7754-00 
12 April 2002 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1552. 

A  three-member panel of the Board for Correction of Navy Records, 
sitting in executive session, considered your application on 
10 April 2002.  Your allegations of error and injustice were 
reviewed in accordance with administrative regulations and 
procedures applicable to the proceedings of this Board. 
Documentary material considered by the Board consisted of your 
application, together with all material submitted in support 
thereof, your naval record and applicable statutes, regulations 
and policies.  In addition, the Board considered the advisory 
opinion" furnished by  the Awards and Special Projects Branch in 
the Office of the Chief of Na-1 
February 2002, a copy of which is attached 

Operations  (OP09B13), dated 19 

After careful and conscientious consideration of the entire 
record, the Board found that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice.  In this connection, the Board substantially 
concurred with the comments contained in the advisory opinion. 
The archival files of OP09B13 indicate that the Secretary of the 
Navy convened a special board to review World War I1 awards for 
possible upgrade.  However, in December 1946, that board did not 
recommend any change in your awafd.  Further, an attempt was made 
in 1947 to have all awards of the Legion of Merit cases reviewed 
and new citations issued, but no secretarial action was taken. 
The Board finds no persuasive basis now, some 45 years later, to 
change what has already been reviewed and decided by competent 
authority 

Your fitness report record indicates when your three Silver Star 
Medals were issued, but does not indicate when the Legion of 
Merit was awarded.  It appeared that it must have been sometime 
after 19 September 1947 since it was signed by Secretary of the 

Navy John L.  Sullivan, whose term of office began on that date. 
This was more than a year after the Silver Star Medal moved ahead 
of the Legion of Merit in precedence.  Accordingly,  the Secretary 
of the Navy,  could have awarded the Silver Star Medal  in 
accordance with  the new standards, but chose no to do so. 

Accordingly, your application has been denied.  The names and 
votes of the members of the panel will be furnished upon request. 

It is regretted  that the circumstances of your case are such 
that favorable action cannot be taken.  You are entitled to have 
the Board reconsider its decision upon submission of new.and 
material evidence or other matter not previously considered by 
the Board.  In this regard, it is important to keep in mind  that a 
presumption of regularity attaches to all official records. 
Consequently, when applying for a correction of an official naval 
record, the burden is on the applicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 

D E P A R T M E N T  OF  T H E   N A V Y  
OFFICE  OF  THE  CHIEF  OF  NAVAL  OPERATIONS 

2000  NAVY  PENTAGON 

WASHINGTON.  D.C.  20350-2000 

I N   R E P L Y   R E F E R   TO 

Ser 09B 131A2U5 1548 1 
19 February 2002 

From:  Chief of  Naval Operations (N09B 13) 
To:  Chairman, Board for Correction of  Naval Records 

Subi:  REOUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF CAPT 

Ref: 

(a) Your  letter AEG:.jdh Docket NO; 7754-00 of  2 May 01 
(b) 10 U.S.C. 

Encl: 

( I ) BCNR File 
(2) Service Record 

I .   In  response to reference (a), and pursuant to reference (b), enclosure ( 1 )  has been  reviewed 
and the following comments and recommendation are provided. 

requesting an upgrade of  his Legion of  Merit "V"  award to that of  a Gold 

2.  Captain- 
Star in lieu of  the Fourth Silver Star Medal because, at the time awarded, the Legion of Merit 
was given higher precedence than the Silver Star Medal.  Subsequently, ALNAV  29 of 22 
January 1946 changed the order of  precedence. 

3.  A similar request was previously reviewed on behalf of captai-n 
1987 with regard 
to the Legion of  Merit being upgraded to the "V".  At  that time, as now, no action can be taken 
to change his award.  All World War I1 awards were reviewed for possible upgrade and 
consistency by  a Special Board (Horne Board) convened by the Secretary of  the Navy.  In  its 
recommendation to the Secretary of  the Navy in December 1946, a change to captai- 
award was not recommended.  In  1947, an attempt was made to have all Legion of  Merit cases 
reviewed and new citations possibly issued.  No secretarial action was taken.  This request was 
also forwarded to the Secretary of the Navy's Awards section for revic~vlcnmrmcnts nnd 
indicated support of  1987 response. 

4.  Based upon the above, there is no further action this office can take. 

5.  Enclosure (2) is returned as requested. 

By direction 



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